Illegal Migrants (Determination by Tribunals) Act, 1983 ("the IMDT
Act ", for short) as ultra vires the Constitution of India, primarily on the
ground ... 1816/2020 & WP(C) No.3514/2021
10.3. After the IMDT Act was struck down, the Central Government
made the Foreigners (Tribunals) Amendment Order
least from 2007, even ignoring the earlier part under the IMDT
Act from 1997. The petitioners, all these years, apparently, did not take any
step
initiated before the IM(D)T when the IM(D) T Act was in vogue, the Local
Verification Officer (LVO) and Electoral Registration Officer ... before the Tribunal in the light of amendments made in the IMDT Act and guidelines issued
by Election Commission and no detail enquiry was required
made by the Superintendent of Police (Border),
Morigaon when the IMDT Act was applicable, the reference was made only against
Pranab Debnath.
From the records ... even after the IMDT Act was struck down, it appears that no
fresh enquiry was made and in the proceeding which was initiated before
DIST-BARPETA
ASSAM
PIN-781301
7:THE ENQUIRY OFFICER OF REF. IMDT CASE NO. 10787/98
ON THE BASIS OF WHOSE REPORT ... review petitioner is or is not an illegal
migrant. After the IMDT Act was struck down by the Supreme
Court, the reference was assigned
Sonitpur,
Tezpur under the provisions of the Illegal Migrants (Determination by Tribunals)
Act, 1983 on 21.10.1983 a case was registered against the petitioner regarding ... unconstitutional, the said proceeding initiated against the petitioner under the
IMDT Act, 1983 was re-registered as F.T. Case No.20/2015 under
Border) Barpeta in November 1997 by its reference made under the IMDT Act 1983
sought for an opinion from the Foreigner's Tribunal Act
arising out of Ref. IMDT Case No. 5800/1998
opined the petitioner to be a foreigner under the Foreigners Act, 1946 .
Being aggrieved with ... Case No. 896(III)/2013, arising out of Ref. IMDT Case No.
5800/1998 from the office of the learned Member, Foreigners' Tribunal
have been declared
as foreigners under the Foreigners' Act of 1946, but the record reveals that the
competent authority i.e., the Superintendent ... 2013
(arising out of Reference IMDT Case No.1213/03) declaring them to be
foreigners under the Foreigners' Act, 1946 cannot sustain. Accordingly
corresponding to Ref. IMDT Case No.
4303/B/98 declaring the petitioner to be an illegal migrant/foreigner under the Foreigners Act, 1946 ,
the petitioner
